IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140013515
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in two separate applications, correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal for valor (BSM with "V" Device) and the Army Commendation Medal (ARCOM).
2. The applicant states he was awarded the BSM with "V" Device while in the Republic of Vietnam (RVN) in 1967. He was awarded the ARCOM in 1968 while at Fort Gordon, Georgia. Neither award is shown on his DD Form 214.
3. The applicant provides:
* DD Form 214
* A certificate and citation for award of the ARCOM
* A photocopy of a photograph of an award ceremony
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Evidence of record and background information indicates:
a. On 10 December 1965, the applicant enlisted in the Regular Army. He was trained as an infantryman.
b. On 1 June 1966, he was assigned to D Troop, 17th Cavalry Regiment, 199th Infantry Brigade.
c. On 23 November 1966, the applicant arrived with his unit in the RVN.
d. On 21 September 1967, he departed the RVN for duty at Fort Gordon, Georgia.
e. On 9 December 1968, the applicant was released from active duty. He attained the rank of sergeant, pay grade E-5 and had completed 3 years of creditable active duty service.
3. The applicant's DD Form 214 indicates he was awarded:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Purple Heart
4. The applicant's DA Form 20 (Enlisted Qualification Record shows in Item 41 (Awards and Decorations) the same awards as listed on his DD Form 214.
5. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the BSM with "V" Device. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
6. Army Regulation 600-8-22 (Military Awards):
a. The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. A "V" device denotes the award is for heroism.
b. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. The applicant provided a copy of a certificate and citation stating that he was awarded the ARCOM for meritorious service for the period 3 November 1967 to
9 December 1968 while serving as an assistant operations sergeant at Fort Gordon, Georgia.
8. The applicant provided a photocopy of an award ceremony with notations stating that the picture showed he was receiving the BSM with "V" Device and the CIB from the 199th Light Infantry Brigade Commander.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the BSM w "V" Device and the ARCOM because he was awarded each of these medals but they are not shown on his DD Form 214.
2. There are no available general orders awarding the applicant the BSM with "V" Device or the ARCOM. The certificate and photocopy provided by the applicant are not sufficient evidence upon which to base a correction of his records.
3. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110020295
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013515
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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